Pubdate: Wed, 14 July 1999
Source: Auburn Journal
Copyright:1999 Auburn Journal
Contact: 1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Jessica R. Towhey, Journal Staff Writer
Note: Steve Kubby has issued a public challenge to the Placer County
District Attorney: "Either produce the computers so the hard drives can be
analyzed for sabotage by our experts or drop the case."
NO DELAY FOR KUBBY POT TRIAL
KUBBYS ACCUSE PROSECUTOR OF WITHHOLDING EVIDENCE
Placer County Judge Richard Couzens denied a motion to postpone the medical
marijuana trial of Steven and Michele Kubby Tuesday. The trial will begin
July 20.
Lawyers for the Kubbys requested the continuance, claiming the District
Attorney's Office withheld computer disks that they say contain financial
records integral to the case.
"We finally got copies of what was confiscated, but we're prevented from
going through the disks in detail," said Dale E. Woods, the attorney for
Steven Kubby. "Getting the records one week before trial is not enough time
to prepare a defense."
Woods and Joseph Farina, who represents Michele Kubby, said repeated
requests for computer disks and computer hard drives went unanswered by the
Sacramento High Crimes Taskforce through directives issued from the DA's
office.
According to Farina, the records were first requested at the March 2
preliminary hearing in Tahoe City. A request by Michele Kubby on April 19
so that she could file bankruptcy also went unanswered.
Farina said he received the first of two disks during the first week of
June, and the second last Tuesday.
"I have a right to get this information that was requested five months ago
in a timely manner," Farina said. "I should also have the computer because
the software on the disks is specific to the computer. I don't know if the
information can be accessed with just the disks."
However, Assistant District Attorney Chris Cattran said his office never
received a request for the computers, and the disks were forwarded as soon
as he received them.
"The people have provided hard copies of the financial records that could
be found," Cattran said. "There are two years worth of back records, and we
have hard copies from (the Kubbys') bank. I got the disks at the same time
the defense did."
And Cattran said he has not received documents he requested from the defense.
"The defense is going to be based primarily on medical marijuana, and we
are entitled to statements, tangible evidence and a review of witness,"
Cattran said. "I have requested copies of medical records, and have not
received them."
In a telephone interview Tuesday, Steven Kubby - the Libertarian candidate
for governor and medical marijuana advocate - said he believed the District
Attorney's Office did not release the disks earlier because they
purposefully withheld evidence.
"We have very good reason to believe the prosecutors have doctored,
tampered with and falsified evidence, and that is why they refuse to turn
over the hard drive," Kubby said.
According to computer experts contacted by the Kubbys, the hard drive on
their computer will reveal whether or not the directories have been
altered. Kubby said he wants an independent analyst to look at the drives
to determine if records had been modified after being seized Jan. 19.
The Kubbys were arrested on Jan. 19 at the Olympic Village home on charges
of cultivation of marijuana and cultivation with intent to sell. The Kubbys
possess physician recommendations for the drug; Steven Kubby has adrenal
cancer and Michele Kubby suffers from irritable bowel syndrome.
- ---
MAP posted-by: Richard Lake